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Showing contexts for: internship in Aravinth R.A. vs The Secretary To The Government ... on 2 May, 2022Matching Fragments
(v) Regulation 4(c) which requires the foreign medical graduates to undergo supervised internship in India for a minimum period of 12 months, causes undue hardship for the students, as they may have to undergo two internships, one in the foreign land and another in the mother land;
(vi) Regulation 4(b) encroaches into the immigration policy of another country, in as much as it imposes an obligation upon the students to get registered with the professional regulatory body competent to grant licence to practice medicine in their respective jurisdiction;
9. The challenge of the appellant to the second set of Regulations namely the CRMI Regulations, 2021, is on the following grounds:
(i) Schedule IIPara 2(a)(i) requires all foreign medical graduates to undergo internship at par with Indian medical graduates. But the Regulations do not treat foreign medical graduates at par with Indian medical graduates. Therefore, there is dichotomy. There are several countries such as Ukraine, Georgia, Nepal, Bangladesh, Armenia, Philippines and Malaysia, which offer primary medical qualification without mandatory internship. Medical institutions in countries like Mauritius offer to their foreign students, the option to do compulsory rotating medical internship in the country of their origin. But ScheduleII of the Regulations deprives the students of these opportunities;
34. The Medical Council of India filed Special Leave Petitions against the said judgement of the Delhi High Court. After granting leave, those petitions were dismissed on the ground that the decision of the High Court in declaring Regulation 4(3) of the Screening Test Regulations 2002 as ultra vires, did not suffer from any error.
35. Immediately after the 2010 Amendment to the Screening Test Regulations, but before the decision of the Delhi High Court in 3(2013) 204 DLT 401 (DB) Rohit Naresh Agarwal (supra), this court had an occasion to deal with the case of students who completed the first two terms of an undergraduate medical course in an unrecognised medical college in India, but completed the last term in a medical institution in Tanzania. The batch of students comprised of (1) some, who were declined provisional registration and who could not do internship in India, (2) some, who were granted provisional registration, completed internship, but declined permanent registration and (3) some, whose permanent registration was subsequently cancelled. The High Court granted relief to all of them and the judgement of the High Court was under challenge before this Court. By a judgement reported in Medical Council of India vs. J. Saai Prasanna & Ors.4, this court affirmed the judgement of the Andhra Pradesh High Court. While doing so, this court held that “so long as the medical institution in a country outside India has granted a medical qualification and that medical qualification is recognized for enrolment as medical practitioner in that country, all that is required for the purpose of enrolment in the medical Register in India is qualifying in the Screening Test in India”. 4(2011) 11 SCC 748.
53. The prescription of an internship for a minimum duration of 12 months in the same foreign medical institution cannot also be said to be a duplication of internships. The purpose of internship is to test the ability of the students to apply their academic knowledge on their subjects, namely the patients. Medical institutions of other countries may not insist on rigorous internship for students who may not put to test their skills on the population of their country. But it is not necessary for us to follow suit.